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‘Victory of secular forces’

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Kanpur, May 2, 2001
 

Warm greetings from Sakhi Kendra, India! You might be aware of the violence that broke out in Kanpur during the month of March 2001.

Actually, for three–four months before the out–break of violence, there was some tension in the city but the administration and police chose to ignore the developments. Just one day before the outbreak of violence i.e. on March 15, 2001, a few hooligans made an attempt to burn an effigy as a protest against rumours of the burning of the Quran in Delhi, when the police stopped them. To enforce their will, a bomb was flung on inspector Suresh Chandra Badhauria of Beconganj police station. One week before this incident, volunteers of the Student Islamic Movement of India (SIMI) plastered posters and leaflets regarding the incident of the burning of the Quran, in Anwarganj, Chamanganj, Beconganj, Bajariya, Meston Road and other sensitive areas of Kanpur. This created tension and inflamed sentiments but the police and administration chose not to pay attention and not to intervene.

It was only when this procession reached the Shikshak Park, Naveen Market and tried to burn an effigy of the Prime Minister that the police intervened… As is usual during communal riots, the police gave a go–by to lawful conduct and instead of first scattering the mob with the use of tear gas, began indiscriminately firing.

According to official figures, 25 were killed, 8 are missing and 50 persons are injured. Unofficial investigations reveal that 100-200 persons have sustained bullet injuries and with as many as ninety per cent of those injured having injuries above the waist.

Though fundamentalists from the Hindu community also tried to give communal flare to this incident, they were utterly unsuccessful.

The police supported the communal criminals (belonging to the majority community) and there is evidence of this: The bangles’ market and shoe markets, where a majority of the shops are owned by Muslims was gutted down and though the these markets are located just behind the kotwali (the main police station of the city/control room) where a large police force is available all the time, the destruction was neither averted nor stopped. Incidentally these areas have never been targeted before during previous riots; they cannot therefore be categorised as communally sensitive localities.In order to raise issues related to the welfare of the victims of violence, we have formed the Kanpur Citizen’s Council. Members of this council met the police commissioner on April 3, 2001 and put our concerns before the administration. These are:

  • Those students who have missed their examinations because of the imposition of curfew should be allowed to give their examinations;
  • An accurate assessment of losses incurred should be made and reparation and compensation paid in accordance with the loss.
  • A regular occurrence during communal violence is that the police fails in its primary duty towards citizens by failing to register complaints. Hence the Kanpur Citizen’s Council has taken the initiative of visiting various areas, establishing complaint complaint camps in different localities to collect complaints. The police commissioner has assured us that the district magistrate or the ADM will be present at these camps and that these complaints will be registered and treated as an FIR. Already, on April 5 and 7, two complaint camps were held at which nearly 100 complaints were registered. Most of these complaints were not registered by the police. Others were complaints, which had been registered but had no action taken by the police or the administration. The KCC is following up each of these complaints with the police.
  • We have asked the administration to gather the complete records of persons missing, injured and killed during violence.
  • Members of the KCC have decided to hold survey on the basis of government survey in order to get an accurate picture of the violence.
  • During the violence, many innocent people have been indiscriminately arrested and hence the KCC has placed it’s demand with the administration that these people should be released forthwith We also took out a peace march under the banner of Manav Sadbhavana Abhiyan (a combined platform of activists and organizations of Kanpur) to convey a message of peace, solidarity and harmony.

Thanks to some of these combined interventions by the citizens of Kanpur, the administration has admitted that the violence was not communal violence but occurred because of the failure or the lack of desire to intervene. This admission itself is a victory for secular forces.

Neelam Chaturvedi

Sakhi Kendra, Kanpur, (India).

 Archived from Communalism Combat, May 2001 Year 8  No. 69, Open Letter

Broken people

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  • In 1950, the Indian Constitution abolished untouchability (not caste), which meant that upper caste Hindus could no longer segregate Dalits or force them to perform ‘polluting’ occupations. The reality, however, is that caste bias continues to run deep. Even the police and judiciary are not immune to it; they let caste atrocities go off lightly and unpunished.
  • A high caste judge in Uttar Pradesh got his chamber washed with the holy water from the river Ganges to purify it since the earlier occupant of the judge’s chair happened to be a Dalit. 
  • A Dalit boy was mercilessly thrashed and died as a result. When the matter was being heard in the Gujarat High Court, the police prosecutor spiritedly defended the police action (the thrashing that led to death) saying, “My Lord, the law differs from person to person.” Subsequently promoted to the bench, the same prosecutor is today a sitting judge of the Bombay High Court.
  • A sessions judge charged with the murder of a Dalit youth still enjoys his position. The investigating officer is on record stating that the accused is interfering with the evidence in the case.
  • Allocation of jobs on the basis of caste is one of the fundamentals of the caste system. While within the caste system, the division of labour for the four varnas is not the most rigid, for the Dalits who occupy the ‘lowest’ caste category, it is caste and caste alone, which is the determinant factor for the attainment of social, political and economic rights. 
  • A lack of access to education and training, combined with rank discrimination while seeking other forms of employment, has relegated Dalits to jobs like leather workers, disposers of dead animals and manual scavengers — all jobs that are basic become dehumanising when relegated to one section, forcibly. We have 8,00,000 manual scavengers in India despite abolishment of the practice in law  (Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. Offenders, which include those who employ manual scavengers and those who construct dry latrines, are liable to punishment of a year in prison and fine in addition to prosecution under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989). But the Act has been rendered toothless by the judiciary itself (see box). 
  • In the Eighth Five–Year Plan, Rs. 464 crore was allocated for the construction of flush latrines in place of dry latrines and the rehabilitation of scavengers; the money is completely under–utilised.
  • A job as a manual scavenger is physically and mentally soul destroying. Most scavengers live in segregated colonies and are forcibly prevented from using common resources. At times, in one row of toilet there can be as many as four hundred seats that have to be manually cleaned. Even other scheduled caste people will not touch the safai karmachari; it is untouchability within untouchables. 
  • In Gujarat alone, reported deaths of manual scavengers due to inhaling of carbon monoxide while inside a manhole was a staggering 20 over a year. In Mumbai, even today children are lowered into manholes and there have been deaths. 
  • In 1995, the Commission on Bonded Labour appointed by the Supreme Court estimated as many as 1.25 million bonded labourers in Gujarat. This despite the Bonded Labour (Abolition) act, 1976, and the SC/ST (POA) Act, 1989. Around 80-90 per cent of the bonded labourers are from the scheduled castes or scheduled tribes.
  • Of the total Dalit population, 85 per cent live in rural areas. Presently, almost half (49 per cent) of the rural Dalit population are agricultural labourers while only 25 per cent are cultivators. In stark and shocking contrast, in 1961, 38 per cent of rural Dalits were cultivators and 34 per cent were agricultural labourers.
  • Only 31 per cent of Dalit households have electricity as compared to 61 per cent non–Dalit households. Only 10 per cent of SC households have sanitation while 27 per cent of non–SC households enjoy this facility. The state and socially dominant groups play an active role in denial of basic amenities. Electricity, sanitation and safe drinking water are provided in the dominant caste section but not in the Dalit colony.
  • SC persons in most rural areas have separate sources of drinking water.
  • Since the early 1990s, violence against Dalits has escalated dramatically in response to greater demands and awareness of rights’ violations. Between 1995 and 1997, as many as 90,925 cases were registered all over India as crimes and atrocities against scheduled castes. Of these, 1,617 were for murder, 12,951 for hurt, 2,824 for rape and 31,376 for other offences listed under the prevention of atrocities Act.
  • The abysmal failure of successive governments to provide free and compulsory education is a failure that has affected all sections, only Dalits proportionately more. So, two–thirds of the Dalit population is illiterate as compared to half of the rest. The literacy gap between Dalits and the rest of the population reduced by a bare 0.39 per cent between 1961 and 1991. 
  • Dalit enrolment in the year 1993 at the primary level was a low 16.2 per cent while among non-SCs, it was 83.8 per cent (annual report 1994–95, HRD, GOI)
  • According to two annual reports of the SC/ST Commission (1996-97 and 1997–98) the dropout rate for Dalit students was a high 49.35 per cent at the primary level, 67.7 per cent for middle school and 77.65 per cent for high school. The factors behind dropout rates include the compulsion to work. But abusive treatment of Dalit children is increasingly being recorded as a significant form of discrimination.     

Dalit rights are human rights — the campaign

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The National Campaign on Dalit Human Rights (NCDHR) was initiated in December 1998 by human rights activists working among Dalits and studying the effectiveness and implementation of the SC/ST (Prevention of Atrocities Act), 1989. 

The campaign was launched by Dalit Ezhumalai, minister for health and family welfare on December 9, 1998; three days later, a delegation met President KR Narayanan with the documents that detailed the focus of the campaign. 

Support was assured to the campaign from the then leader of the Opposition, Sharad Pawar and Ram Vilas Paswan (union minister for communications). 

On December 13, and 14, 1998 an NCDHR delegation consisting of PL Mimroth (national convenor), Rajini Tilak, Attam Singh Bhatti and MP Chaudhary met Prime Minister AB Vajpayee, Lok Sabha speaker Balayogi,  and leader of the Opposition, Sonia Gandhi.

A ‘Black Paper’ was released from 15 states and Union Territories on December 8, 1999 in New Delhi; at the release function, Paswan gave the inaugural address and Ramdas Athavale, MP and secretary of the SC/ST Parliament’s Forum, gave the keynote address.

On December 8, 1999 the National Dalit Women’s Conference was held at which 300 delegates countrywide attended. Ms Veena Nayyar, member of the National Commission for SCs/STs gave the keynote address. The outcome was a Dalit women’s charter of demands.

December 9, 1999: Submission of 25 lakh signatures collected from all over the country in support of Dalit human rights.

The cross–party delegation consisted of Paswan, Athavale, Bhandaru Dattatheya, deputy minister for urban development and Bangaru Laxman (both Dalit representatives).

The demand was for the tabling of a White Paper in Parliament and declaration of the next decade as ‘Ambedkar Decade’.

The culmination of one set of the NCDHR’s activities was the National Public Hearing organised at Chennai in April 2000. A representative jury, consisting among others of former judge of the Bombay high court, justice Suresh, former judge, AP high court, justice Punnaiah, former judge, Patna high court, justice Amir Das heard 57 cases from 10 states highlighting 17 major forms of human rights violations. These included untouchability practices, denial of access to  cultivation, grazing and ownership of land, rights of Dalit women, manual scavenging and continued state violence against Dalits. 

Internationally, the Dalit rights campaign has included the formation and activities of International Dalit Solidarity Networks (IDSN), programmes undertaken by international human rights activists, advocacy and lobbying efforts at the UN level and in different countries. 
 

‘Caste discrimination will not go unless the international community speaks up’

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— Praveen Rashtrapal, Congress MP

 
At the preparatory meeting for the WCAR held at New Delhi recently, Praveen Rashtrapal, a Congress Dalit MP from Gujarat, made a forceful presentation on the utter voicelessness of Dalit demands in Parliament. He spoke to Teesta Setalvad in an exclusive interview. Excerpts.
 
You mentioned that there was lack of unity and impact of Dalit demands issue Parliament despite there being a fair number of Dalit members. Why is this so?
In the Lok Sabha, there are 79 SC members and 40 ST members; in the Rajya Sabha there are in all 18 SC/ST members). Still we are unable to bring the Lok Sabha to a standstill over substantive issues like land rights for Dalits or atrocities against Dalits.
 
For at least 20 years, we have had the Scheduled Castes and Scheduled Tribes Members of Parliament Forum. But this forum is largely inactive. Only recently have we begun to reactivate the forum. But at the root of the problem is how all parties, whatever the ideology, have treated the Dalit issue. Among Dalit representatives, too, the tendency has been to limit ourselves to issues concerning the while-collar Dalit – the issue of reservations – at the cost of issues concerning 70 per cent of the Dalit population – land rights, access to basic amenities, atrocities perpetrated consistently against our population.
 
How does this state of affairs continue?
It is a bitter testimony to the fact that whatever the party, whether it is the Congress that I belong to or others, a deep-rooted caste bias has influenced all programmes. The worst type of atrocities against Dalits in Gujarat has taken place during earlier regimes as much as during the reign of the BJP.
 
For example, look at two similar cases of atrocities under two different regimes, Congress and BJP. In 1980, two Dalits were burnt to death in Billia village, near Sidhpur in Patan taluka. Following this ghastly incident, the government directed that a new residential colony for Dalits be constructed on the Ahmedabad-Palanpur highway.
 
But what has happened? The magistrate acquitted those guilty of arson and murder and the state government did not go in appeal. Until today, the Dalits of the village live in slums, while others have occupied the colony built for them 20 years ago!
 
Just after Diwali last year, from New Year’s Day, Dalits from Tokrala village (Surendranagar) were attacked by armed Rajputs from Gedhi village; until today, the culprits have not even been arrested.

Among Dalit representatives, too, the tendency has been to limit ourselves to issues concerning the white collar Dalit – the issue of reservations – at the cost on issues concerning 70 per cent of us
 
What is the SC / ST MP Forum supposed to do?
It was set up during Mrs Gandhi’s regime when Yogendra Macwana was Union minister. As I said before, it has not been very effective. But we have recently tried to revive it. We have submitted a memorandum to the Prime Minister making significant demands for the rural section of Dalits. These include the demand for land to the landless SCs. We have recently unearthed government figures to show that six crore acres of land in the country is wasteland: cant this land be converted to cultivable land? We have demanded 10 acres each to every SC family.
 
Another important demand relates to monies earmarked by the Planning Commission for the Special Component Plan (SCP) and the Tribal Sub-Plan. These are large allocations made by the Centre to be matched by respective state governments and are specifically earmarked for welfare measures for SCs (under the SCP) and STs (under the TSP). But because of deep-rooted caste bias, they have never been utilized for the purpose intended.
 
Major defaulters have been state governments who simply do not allocate the amount they are obligated to do. For example, under the last plan, Andhra Pradesh was required to allocate Rs. 250 crore to match the Centre’s contribution; it did not. Our demand, therefore, is that the Prime Minister monitors the implementation of the SCP and TSP effectively and in a time-bound manner.
 
Yet another demand relates to the issue of disinvestments by governments in the public sector undertakings (PSUs). This will severely snatch away employment in PSUs guaranteed through reservation to Dalits. Our demand to the government, therefore, is not to disinvest more than 49 per cent of equity so that controlling and decision making powers, including retention to reservation, remain with government. If that is not possible, we have asked for a new central legislation to ensure that all units in the private sector, particularly those that have been turned over to the private sector by disinvestments, are compelled to implement the policy of reservation even after change of ownership. These are only some of the demands.
 
Do you support the Dalit demand that caste-based discrimination be raised at the forthcoming WCAR?
How else will caste discrimination ever be removed? Did apartheid against blacks go until the international community intervened? Besides caste bias here is so deep-rooted; it affects all structures and organisations. Dalit rights are not regarded as human rights at all. Human rights organisations would happily fight for the rights of prisoners but not so easily for the rights of Dalits.
 
Do you know that despite the existence of the POA, 1989, the judiciary has worked in unison to contravene the provisions of that law? Under the Act, there is no provision for bail; yet, in every single case since 1989 all those accused of atrocities under the law are released on bail! Should not the Bar Associations be raising this question? There are also few convictions by judges under this law.

Sarkari haj is no cheaper

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An estimated 1,20,000 Indian Muslims went on haj pilgrimage this year. Of this total, travel arrangements for 72,000 pilgrims were made by the Haj Committee – constituted under the Act of Parliament No. 51 of 1959 –, while the remaining opted for private travel agencies — well over a hundred private travel agencies offer haj tour packages. The government of India’s airfare subsidy is available only for hajis travelling through the Haj Committee. Incidentally, every haji who travels through the Haj Committee gets the benefit of highly subsidised airfare, no matter how rich he or she might be.
The major expenses involved in haj pilgrimage include airfare, food and accommodation in Mecca and Medina, compulsory dues payable to Saudi authorities and local travel in Saudi Arabia. The haj committee offers three different packages (Category I, II and III) depending on the type of accomodation a haji chooses — the nearer the accomodation is to Kaaba, the higher the accomodation charges.
Private travel agencies, too, offer 3–4 different packages along similar criteria.
The Mumbai–based Atlas Travel is one of the major haj tour operators in the country. Afzal Patel, the proprietor of Atlas Travel) told CC that for the recently completed haj, Atlas Travel offered a package tour costing Rs.85,000 (category I, the most expensive) and Rs.67,500 (category IV, the cheapest). Another, Asian Tours & Travels, offered an even cheaper package — from Rs.64,000 for the tourist class (cheapest) to Rs.88,000 for the super deluxe class. The packages are for a 40–42 days tour.
In comparison, the expenses incurred for the year 2001 by pilgrims traveling via the Haj Committee were Rs.82,295 for category I and Rs.72,143 for category III. In addition to this, the government paid Rs.20,000 per haji towards airfare. Taken together, the Haj Committee’s package for the pilgrims amounts to Rs.1,02,295 for category I and Rs.92,143).
Why then should an aspiring haji (category III package) pay Rs.72,143 in all to the Haj Committee and be obligated to the government of India for an additional Rs.20,000 when he need pay only Rs.64,000 (Rs.8,143 less) to Atlas Travel and not be obligated to the government of India even to the extent of a single rupee? Specially, considering that in the views of the ulema of Saudi Arabia, of the judiciary from the Islamic state of Pakistan and a very large section of Indian Muslims (ulema, scholars and intellectuals included), a sarkar subsidised haj may not be acceptable to Allah? 
From the individual haji’s point of view, travelling through the Haj Committee has its side benefit because of the different nature of the packages offered by the Haj Committee and private tour operators. Like other tour packages, private travel agencies for haj, too, offer an all expenses covered point–to–point service. So, all that a haji opting for a private travel agency has to do is to report at an Indian airport on the scheduled departure time. From then until his return flight lands in India, everything — airfare, accommodation, food, compulsory dues to Saudi authorities, local travel is taken care of by the travel agency. 
The Haj Committee package, on the other hand, works differently. This is how the break–up of Rs. 72,143 (cheapest package) worked out in the current haj season:
Out of the total amount, Rs.12,000 was deducted by the Haj Committee towards the subsidised airfare and Rs.500 towards service charges. The balance Rs.59,643 went towards purchase of foreign exchange worth 4,700 Saudi riyals (@ Rs.12.69 for one SRL). From this, the Haj Committee held back SRL 1,059 towards dues to be paid to Saudi authorities, SRL 1,200 for accommodation in Mecca and SRL 200 for accommodation in Medina. The balance amount of SRL 2,241 is handed back to the individual pilgrim. Out of this he has to spend SRL 300 for the sacrificial animal during Haj, leaving him or her with SRL 1,921 to pay for two–way Mecca–Medina travel and food expenses for around 40 days. Eating out, according to those who have been to Saudi Arabia, is quite cheap but most hajis from the lower income categories prefer to cook their own food which cuts costs even further. Because of this and depending on how long the haji stays in Saudi Arabia, at the end of the haj, he or she could be left with unused  Saudi riyals which could be used for shopping in Saudi Arabia or to bring back to India and reconvert to local currency. Those familiar with haj pilgrimage claim it is not difficult to save up to SRL 800-1,000 if one chooses to live very frugally while in Saudi Arabia. Converted back into Indian rupees on return means, a haji travelling through the Haj Committee can return to India with around Rs.10,000. 
Even when this amount is subtracted from the initial Rs. 72,143 paid to the Haj Committee, it means that the haji would effectively have paid Rs.62,143 to the Haj Committee as against the Rs.64,000 he would have paid to Asian Tours & Travels. In short, hardly any difference, not counting the fact that in case of opting for the privately organised tour, the haji has no worry whatsoever about the bother of purchases, cooking etc. for 40 days.
If the strongest argument for subsidised airfare rests on the ability of the poorer Muslims’ dream of haj, the above example shows up the fallacy of the argument. In short, this means that there is no rational argument whatsoever to support the claim for subsidy in case of the poorest amongst those going for (who in any case do manage to put together nothing short of Rs.60,000-70,000, no small amount by Indian standards). As for those who can pay the charges for more expensive packages, there is even less justification.       

Archived from Communalism Combat, March 2001 Year 8  No. 67, Cover Story 2

Why the subsidy

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According to Syed Shahabuddin, the government policy of subsidy for haj pilgrims was  prompted by the steep rise in oil prices in the early ‘70s, leading to a big hike in travel fares across the board. The subsidy, Shahabuddin claims, was not in response to any Muslim plea or demand but the government’s own decision. The new policy was reportedly prompted specially in consideration of Muslims from the lower economic strata who traveled by ship. But since the airfare had also shot up steeply, the idea was mooted of a temporary subsidy for air travel,  to be phased out over a few years. Not only does the subsidy continue till date, but the subsidy amount, per haji and in terms of total cost to the exchequer, has risen steeply over the years.
Through the ‘70s and the ‘80s, shipping companies finding their business less and less economic, gradually moved out of the business. As a result, more and more hajis have had to travel by air. The year 1986 was the last year when a passenger ship took pilgrims for haj. 
In 1986-’87, Air India Chartered Ltd. charges for hajis were Rs.3,852, while the amount of government subsidy for the period is not available. With increasing airfare over the years, the amount the pilgrims paid for air travel (through the Haj Committee) was raised from year to year until 1992. But despite several hikes in IATA fare for international travel since then, the hajis’ share remains pegged at the same Rs.12,000 that was charged in 1992. 
According to a newspaper report which the CC has not been able to independently confirm, in 1992, the government paid Rs.2,000 to the airline as subsidy. This year, while the hajis still paid only Rs.12,000, the government’s subsidy per haji shot up to Rs.20,000. In other words, the subsidy for haj has spiralled from 16.7 per cent in 1992 to a whopping 62.5 per cent now. 
The Narasimha Rao government apparently saw this as one way of assuaging Muslim sentiments inflamed with the Congress government’s inaction during the demolition of the Babri Masjid and the countrywide riots that followed. Ironically, the two successive BJP-led governments, too, hiked the subsidy amount since 1998. The subsidy per haji this year was over Rs.900 more this year compared to last year. Not surprisingly, the Bajrang Dal and the VHP have accused a member of their own parivar — the BJP — of “Muslim appeasement”. 
Not one of the large number of Muslims CC spoke to could offer any justification for subsidy at least in the case of those who can afford to pay themselves. The question of increased subsidy, however, has to be differently understood. For example, presently, the normal return fare on regular flights is around Rs.36,000. This year Air India has been paid a little over Rs.32,000 per passenger — a discount of less than 15 per cent on its charter flights. On the other hand, after discount for bulk bookings, private tour agencies pay around Rs.24,000 only. Mohamed Amin Khandwani, chairman, Maharashtra Commission for Minorities, who was the Haj Committee chairman between 1983 and 1989, claims that during his tenure, Air India and Saudi Airlines, used to offer a 30 per cent discount. Syed Shahabuddin who is well-informed on the subject argues that even today the airlines should be able to profitably run charter flights for hajis even after offering 33 per cent discount. 
Were such a discount to be successfully negotiated, the airfare per passenger would work out to Rs.24,000 per passenger. In that case, the government of India would pay a subsidy of only Rs.12,000 per passenger, assuming that is should be subsiding haj in the first place.

Archived from Communalism Combat, March 2001 Year 8  No. 67, Cover Story 3